Legislation Details

File #: 260943    Version: 0 Name:
Type: Resolution Status: IN COUNCIL
File created: 10/29/2026 In control: CITY COUNCIL
On agenda: Final action:
Title: Proposing an amendment to the Philadelphia Home Rule Charter providing for the creation of the Philadelphia Child Welfare Commission; and providing for the submission of the proposed amendment to the electors of Philadelphia.
Sponsors: Councilmember Ahmad, Councilmember Phillips, Councilmember Gauthier, Councilmember Jones, Councilmember Lozada, Councilmember Brooks, Councilmember Harrity, Councilmember O'Rourke, Councilmember Driscoll, Councilmember Squilla, Councilmember Bass
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Title

Proposing an amendment to the Philadelphia Home Rule Charter providing for the creation of the Philadelphia Child Welfare Commission; and providing for the submission of the proposed amendment to the electors of Philadelphia.

 

Body

WHEREAS, Families, caregivers, and youth who interact with the City’s child welfare system and related services for children and families require transparent, community-grounded accountability that reflects their lived experiences; and

 

WHEREAS, An independent body empowered to advise both City agencies and City Council will bridge the gap between administrative policy and the realities faced by children and families in Philadelphia; and

 

WHEREAS, The creation of a permanent, community-grounded commission will strengthen accountability and transparency, amplify family voices, and support continual improvement of Philadelphia’s services for children and families; and

 

WHEREAS, Under Section 6 of the First-Class City Home Rule Act (53 P.S. §13106), an amendment to the Philadelphia Home Rule Charter may be proposed by a resolution of the Council of the City of Philadelphia adopted with the concurrence of two-thirds of its elected members; now, therefore, be it

 

RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA:

 

SECTION 1. Resolution No. 260094, adopted June 4, 2026, is hereby rescinded.

 

SECTION 2. The following amendment to The Philadelphia Home Rule Charter is hereby proposed and shall be submitted to the electors of the City of Philadelphia on an election date designated by ordinance:

 

ARTICLE II
LEGISLATIVE BRANCH
The Council - Its Election, Organization, Powers and Duties

 

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CHAPTER 3
LEGISLATION

 

§ 2-300. The Annual Operating Budget Ordinance.

 

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(4)   In every annual operating budget ordinance:

 

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      (i)    At least $150,000 shall be appropriated to the Philadelphia Child Welfare Commission, which amount shall be adjusted annually by multiplying said amount by the  average consumer price index for Philadelphia during the then-current calendar year and dividing by the average consumer price index for Philadelphia during the calendar year that this charter provision shall take effect.

 

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ARTICLE III

EXECUTIVE AND ADMINISTRATIVE BRANCH - ORGANIZATION

 

CHAPTER 1

OFFICERS, DEPARTMENTS, BOARDS, COMMISSIONS AND OTHER AGENCIES

 

§ 3-100. Executive and Administrative Officers, Departments, Boards, Commissions and Agencies Designated.

 

The executive and administrative work of the City shall be performed by:

 

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(e)                     The following independent boards and commissions, which, except for the Board of Trustees of the Free Library of Philadelphia, are hereby created:

 

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Philadelphia Prison Community Oversight Board[.];

 

Philadelphia Child Welfare Commission.

 

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CHAPTER 8

INDEPENDENT BOARDS AND COMMISSIONS

 

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§ 3-815. Philadelphia Child Welfare Commission

 

(a)                     There shall be a permanent body to be known as the Philadelphia Child Welfare Commission (the “Commission”), which shall serve as an independent, standing advisory entity responsible for providing analysis and recommendations regarding the City’s child welfare system and related services to children and families.

 

(b)                      Composition of the Commission. 

 

(1)                     Unless otherwise provided for by ordinance, the Commission shall consist of fifteen (15) members as follows:

 

(A)                     Five (5) members from the Impacted Community, including but not limited to parents, caregivers, or adults with lived experience in the child welfare system;

 

(B)                     Five (5) members from the Advocacy and Expert Community, including but not limited to individuals with demonstrated and effective experience in child welfare advocacy, research and praxis, or legal or community advocacy; and

 

(C)                     Five (5) ex officio members: the Youth Ombudsperson or their designee, an appointee from the Philadelphia School District, an appointee from the Department of Human Services (DHS), an appointee from the City agency responsible for mental health issues, and an appointee from the Department of Public Health (DPH).

 

(2)                     No current employees or direct contractors from the represented City Agencies, other than the ex officio representatives, shall serve as members of the Commission.

 

(3)                     At the time of appointment, Commission members must not have an open DHS investigation or have had an open DHS investigation within the prior two (2) years.

 

(4) Commission members cannot have been, at any time, a named party in a personal capacity in litigation against DHS.

 

(c)                     Leadership. The Commission shall elect a Chair of the Commission from among its voting members, by a majority vote. The Chair of the Commission shall:

 

(1)                     Preside over all public meetings and hearings;

 

(2)                     Serve as the official point of contact for the Commission; and

 

(3)                     Serve unlimited one-year terms as Chair of the Commission upon reelection by the Commission.

 

(d)                     Terms and Appointments. All initial appointments to the Commission shall be made within sixty (60) days after the Commission is first created.

 

(1)                     Members from the Advocacy and Expert Community shall serve two-year terms.

 

(2)                     Members from the Impacted Community shall serve two-year terms.

 

(3)                     Members shall be appointed as follows, unless otherwise provided for by an ordinance which maintains a balance of one half of the Commission’s voting members to be appointed by the Mayor and the remaining half to be appointed by the Council President:

 

(A)                     Of the five (5) Impacted Community members, two (2) shall be appointed by the Mayor and three (3) shall be appointed by Council President.

 

(B)                     Of the five (5) Advocacy and Expert Community members, three (3) shall be appointed by the Mayor and two (2) shall be appointed by Council President.

 

(C)                     The five (5) ex officio members shall be designated by their respective appointing authorities.

 

 

(e)                     Procedures and Operations.

 

(1)                     The Commission shall adopt by-laws within sixty (60) days of its formation.

 

(2)                     Members shall receive training on DHS operations, confidentiality, and trauma-informed practice within ninety (90) days of appointment.

 

(3)                     The Commission shall hold quarterly meetings and may convene additional sessions as needed.

 

(4)                     The ex officio members shall have no voting rights on the Commission, and no ex officio member shall serve as an officer or any other position of authority established by the by-laws.

 

(f)                     Removal and Vacancies. Members may be removed for misconduct, absence, or actions that undermine the work of the Commission.

 

(1)                     Any member may make a motion for removal of another member, which motion must be seconded and voted on within seventy-two (72) hours.

 

(2)                     A vote of at least five (5) members shall be required for removal.

 

(3)                     Within seven (7) days following a removal, a written report summarizing the rationale, process, and recommendations shall be submitted to City Council.

 

(4)                     A vacancy on the Commission shall be filled for the balance of the unexpired term in the same manner as an original appointment.

 

(g)                     Compensation. Council may set compensation for the members of the Commission by ordinance.

 

(h)                     Executive Director. The Commission Chair shall appoint an Executive Director. Council may set compensation for the Executive Director by ordinance. The powers and duties of the Executive Director shall be defined in writing by the Commission.

 

 

 

 

ARTICLE IV

EXECUTIVE AND ADMINISTRATIVE BRANCH - POWERS AND DUTIES

The Mayor, The City Representative and Departments, Boards, Commissions and Offices under the Mayor

 

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CHAPTER 30

Philadelphia Child Welfare Commission

 

§ 4-3000. Purpose and Duties.

 

The Philadelphia Child Welfare Commission shall:

 

(a)                     Be advisory in nature and shall not possess investigative or enforcement authority. Information from the Department of Human Services may be shared with the Commission, unless it is confidential in nature;

 

(b)                     Provide independent, community-grounded advisement on the City’s child welfare programs, policies, and practices as well as related services to children and families;

 

(c)                     Hold quarterly public meetings and community hearings to collect qualitative and quantitative feedback from residents, parents, caregivers, youth, and the Department of Human Services, with the goal of fostering greater departmental accountability and transparency;

 

(d)                     Publish an annual “State of Child Welfare in Philadelphia” report summarizing community experiences and trends; and issue recommendations to City Agencies based on feedback and findings;

 

(e)     Establish meaningful engagement between the Department of Human Services, Council, and the public regarding child welfare operations and outcomes; and

 

(f)                     Operate transparently, maintaining publicly accessible records of meetings, transcripts, and reports

 

(g)                      Take such other actions as Council may, from time to time, specify by ordinance consistent with the requirements of this charter.

 

 

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APPENDIX

 

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CHAPTER A-2

 

§ A-200. Schedule.

 

This Charter shall become effective on the first Monday of January, 1952, except in the following particulars:

 

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(30) The amendments to this Charter relating to the Philadelphia Child Welfare Commission shall take effect upon certification of the election at which the amendments were approved.

End